Serviceplan Gruppe fur innovative Kommunikation v EUIPO (Serviceplan Solutions) (EU trade mark - Judgment) French Text [2020] EUECJ T-380/19 (25 June 2020)

Serviceplan Gruppe fur innovative Kommunikation v EUIPO (Serviceplan Solutions) (EU trade mark - Judgment) French Text [2020] EUECJ T-380/19 (25 June 2020)

The Court held that the sign 'Serviceplan Solutions' is composed of common English words and would be immediately understood by the relevant public as referring to a plan of services offering solutions, which is purely informative or laudatory and not capable of distinguishing the applicant's services from those of...

Source-derived case information.

Citation
[2020] EUECJ T-380/19
Parties
Applicant: Serviceplan Gruppe für innovative Kommunikation GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Distinctiveness, Obligation to State Reasons
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Distinctiveness Obligation to State Reasons

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Parties

Serviceplan Gruppe für innovative Kommunikation GmbH & Co. KG

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Procedural Posture

EU Trade Mark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal Decision

  1. 1 Whether the sign 'Serviceplan Solutions' is distinctive for the relevant services under Article 7(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal failed its obligation to state reasons under Article 94(1) of Regulation 2017/1001

Ratio Decidendi

The Court held that the sign 'Serviceplan Solutions' is composed of common English words and would be immediately understood by the relevant public as referring to a plan of services offering solutions, which is purely informative or laudatory and not capable of distinguishing the applicant's services from those of others. The Board of Appeal did not err in its assessment of distinctiveness or in its reasoning, and the obligation to state reasons was fulfilled.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • The applicant is ordered to pay the costs.